In Brief
The Supreme Court held that an offence under Section 63 of the Copyright Act, 1957 is a cognizable and non-bailable offence. The High Court had erroneously quashed an FIR on the ground that copyright infringement was non-cognizable. The Court clarified that since Section 63 prescribes imprisonment extending to three years, it falls within the cognizable category under the First Schedule of the CrPC. Offences are classified as cognizable or non-cognizable based on maximum punishment prescribed: imprisonment of three years or more (up to seven years) constitutes cognizable offence. The appeal was allowed and criminal proceedings were restored for proper adjudication.
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